Season 4, Episode 41 (Show 198): How to Fix – and How Not to Fix – the Immunity Opinion

October 16, 2024

We analyze a recent NY Times article purporting to force the Supreme Court away from its current immunity stance, and offer a different approach.

CLE Credit Available for this episode from podcast.njsba.com.

In Trump v. United States, we have said that the Court went far astray from the Constitution and from its duty, endangering the nation in the short and long terms.  Many have shared this opinion and these fears, and reaction has been profound. In the New York Times, two law professors take up the pen and offer a number of suggestions that purport to restrain and direct the Court towards Congress’ will, assuming that Congress agrees with the authors, that is.  Senator Schumer in a recent bill took a similar though not as extreme direction. We identify the flaws with these approaches, and offer an alternative that would be constitutional, and has an actual chance of being effective, based upon history and constitutional structure. We also take up some fascinating readers’ questions, including one which might matter for some overseas voters.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

How to get Continuing Legal Education Credit for listening!

Virtually all lawyers and judges admitted to practice anywhere in the USA can obtain CLE (Continuing Legal Education) credit after listening to this episode by visiting podcast.njsba.com.  You do not have to be a New Jersey lawyer or resident or admitted to the NJ Bar; essentially every state has reciprocity arrangements with New Jersey.  When you visit the site you fill out a form and provide the code Andy read during the episode, pay a small fee, and within two weeks you will receive the certificate from New Jersey.  It couldn’t be easier.  Thanks to the New Jersey Bar Association for making this possible!  Note, too, that other podcast episodes from our “back catalog” now qualify for this credit as well.

Click to go to the website for CLE credit

The Supreme Court Has Grown Too Powerful. Congress Must Intervene - The New York Times

Nikolas Bowie and Daphna Renan write in the New York Times on their plan to force the Supreme Court into a different lane on immunity.  We differ.

Read and/or Download

52 USC Ch. 203: Registration And Voting By Absent...

The Congressional Statute that, it is claimed by our listener and his organization, Democrats Abroad, offers advice on a path to voting for various classes of Americans living abroad.  No doubt this is valuable advice for most; we examine only some edge cases presented by our listener.

Read and/or Download

Youngstown Sheet & Tube Co. et al. v. Sawyer (1952)

The Youngstown case, related to Presidential power in the Truman Administration and a steel strike.  A landmark case where Congressional input was cited as relevant; Professor Amar relies heavily on this case in his argument.

Read and/or Download